Decision 27/2023/QD-TTg providing the organization of groundbreaking ceremonies

DECISION

Providing the organization of groundbreaking ceremonies, construction commencement ceremonies and inauguration ceremonies^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 26, 2013 Law on Thrift Practice and Waste Combat;

Pursuant to the June 18, 2014 Construction Law; and the June 17, 2020 Law Amending and Supplementing a Number of Articles of the Construction Law;

Pursuant to the June 13, 2019 Law on Public Investment; and the January 11, 2022 Law Amending and Supplementing a Number of Articles of the Law on Public Investment, Law on Investment in the Form of Public-Private Partnership, Law on Investment, Housing Law, Bidding Law, Electricity Law, Law on Enterprises, Law on Excise Tax and Law on Enforcement of Civil Judgments;

At the proposal of the Minister of Construction;

The Prime Minister promulgates the Decision providing the organization of groundbreaking ceremonies, construction commencement ceremonies and inauguration ceremonies.

Article 1. Scope of regulation

This Decision provides the organization of groundbreaking ceremonies, construction commencement ceremonies and inauguration ceremonies for the works specified in Clause 1, Article 41 of the 2013 Law on Thrift Practice and Waste Combat.

Article 2. Subjects of application

This Decision applies to agencies, organizations and individuals using state budget funds, official development assistance (ODA) or foreign donors’ concessional loans for the organization of groundbreaking ceremonies, construction commencement ceremonies and inauguration ceremonies.

Article 3. Interpretation of terms

In this Decision, the terms below are construed as follows:

1. National important works means key works of projects of national importance prescribed in the Law on Public Investment.

2. Local works of great value and economic, political, cultural and social importance means key works of group-A projects prescribed in the Law on Public Investment and having great economic, political, cultural and social importance for localities.

Article 4. Conditions for organizing groundbreaking ceremonies, construction commencement ceremonies and inauguration ceremonies

1. A groundbreaking ceremony is held when a project owner, an agency or an organization assigned to prepare a project (below collectively referred to as project owner) has a construction ground handed over by a competent authority or has a construction ground handed over in phases and the project has been approved intra vires and in accordance with law.

2. A construction commencement ceremony is held after the construction commencement conditions specified in Clause 1, Article 107 of the Construction Law are satisfied, which is amended and supplemented under Clause 39, Article 1 of Law No. 62/2020/QH14.

3. An inauguration ceremony is held after a competent state agency examines pre-acceptance tests of a work and the work satisfies the law-prescribed requirements.

4. For every project, it is allowed to organize a groundbreaking ceremony or construction commencement ceremony and an inauguration ceremony.

Article 5. Competence to decide on organization of ceremonies

1. The Prime Minister shall decide on the organization of ceremonies for the works specified in Clause 1, Article 3 of this Decision at the request of competent state agencies or project owners.

2. Heads of ministries and central agencies shall assume the prime responsibility for, and coordinate with chairpersons of provincial-level People’s Committees in, deciding on the organization of ceremonies for the works they decide to invest as specified in Clause 2, Article 3 of the Decision.

3. Chairpersons of provincial-level People’s Committees shall decide on the organization of ceremonies for the works they decide to invest as specified in Clause 2, Article 3 of this Decision.

4. Project owners shall make plans on organization of ceremonies, clearly stating contents, time, location, components, funds and options for implementation, and submit them to competent authorities for decision.

Article 6. Funds for organization of ceremonies

1. Funds for organization of a ceremony shall be included in the total investment of a project.

2. Based on a competent person’s approval to hold a ceremony specified in Article 5 of this Decision, the project owner shall make and approve cost estimates for separate ceremonies. The cost estimates for organization of a ceremony shall be made in accordance with the content and scale of the work, according to the current norms, standards and regimes of the State. The project owner may not request the contractor to pay for the organization of ceremonies.

Article 7. Responsibilities of related organizations and individuals

1. Heads of central agencies and chairpersons of provincial-level People’s Committees shall inspect and urge project owners to hold ceremonies according to this Decision.

2. Organizations and individuals in charge of organizing ceremonies in accordance with this Decision that commit violations shall, depending on the severity of the violations, be subject to compensation, administrative discipline or other handling measures under regulations.

3. Project owners shall coordinate with administrations of the localities where projects are built in order to ensure security and safety for ceremonies.

4. Project owners shall organize ceremonies in conformity with local customs and traditions and economic and social conditions, ensuring thrift practice, refraining from showing off, and combating waste.

5. The Ministry of Construction shall guide the implementation of this Decision.

Article 8. Implementation provisions

1. This Decision takes effect on December 25, 2023.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
TRAN HONG HA